| | | 2. Illegally employed minors. A minor is not deemed to have | | waived the minor's right of action at common law and under | | section 104 if the minor's employer was in violation of Title 26, | section 771, 772 or 773 772-A at the time of the minor's injury. |
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| | | A. The minor employee, the minor's parent or guardian or | | any other person, as permitted by common law or statute, may | | file a civil action permitted under this subsection. |
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| | | B. The minor employee is entitled to compensation under | | this Act in addition to any right of action permitted under | | this subsection. |
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| | | C. If the employer is self-insured for liability under this | | Act, any award received by the minor in an action permitted | | under this subsection must be reduced by the amount of | | compensation received under this Act. |
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| | | D. If the employer is insured for liability under this Act, | | the employer is considered a 3rd party under section 107, | | and the employer's insurer is entitled to all rights of | | subrogation, contribution or other rights granted to an | | employer under section 107. |
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| | | This bill directs the Department of Labor, Bureau of Labor | | Standards to adopt rules that conform to the federal Fair Labor | | Standards Act of 1938 and accompanying regulations that govern | | employment of minors under 18 years of age, and prohibits | | employment of minors except in accordance with these rules. The | | bill also directs the bureau to readopt the rule prohibiting | | minors from being employed in a place that has nude | | entertainment. The bill specifies that these rules are routine | | technical rules. |
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